General Terms of Service
1. Copyright.
Please assume that everything you see or read on the Site is protected by applicable copyrights, trademarks, and other proprietary rights, including but not limited to intellectual property rights. Except as expressly provided in these Terms of Service, the copying, redistribution, use, or publication by you of any such matters or any part of the Site is strictly prohibited without the written permission of Steve Marsel Studio. You do not acquire ownership rights to any content, documents, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
2. Links to Other Web Sites
The Site may contain links to other Web sites. Steve Marsel Studio and our affiliates are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Steve Marsel Studio. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Website by Steve Marsel Studio. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Website Terms of Use
Welcome to Steve Marsel Studio (the “Site”). By using the Site, you are agreeing to comply with and be bound by the following terms and conditions of use. Please review the following terms and conditions carefully. If you do not agree to these terms and conditions, please do not use this Site.
Acceptance of this Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Terms of Use”) with respect to the Site. These Terms of Use constitute the entire and only agreement between you and Steve Marsel Studio.com DBA Steve Marsel Studio hereinafter referred to Steve Marsel Studio concerning the subject matter hereof, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to same.
Copyright
Please assume that everything you see or read on the Site is protected by applicable copyrights, trademarks, and other proprietary rights, including but not limited to intellectual property rights. Except as expressly provided in these Terms of Use, the copying, redistribution, use, or publication by you of any such matters or any part of the Site is strictly prohibited without the written permission of Steve Marsel Studio. You do not acquire ownership rights to any content, documents, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Trademarks, Logos, Service Marks, and Images
The trademarks, logos, service marks, product names, or company names (collectively “Trademarks”) displayed on the Site are registered and/or common law Trademarks of Steve Marsel Studio or its licensor’s. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of Steve Marsel Studio or the third party that may own the Trademark. Use of the Trademarks displayed on the Site is strictly prohibited. Steve Marsel Studio will enforce its intellectual property rights to the fullest extent permitted by law.
Images displayed on the Site are either the property of, used with license agreement or permission by, Steve Marsel Studio. The use of these images is prohibited without the express written permission of Steve Marsel Studio. The unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limited Right of Use
Your use of this site is for viewing purposes only. Your use of this Site does not entitle you to make any copies of any of the materials displayed for any use whatsoever. The printing, or downloading of any content, graphic, form, or document from the Site by you for your own personal use, for republication, distribution, assignment, sub license, sale, preparation of derivative works, or any other use is strictly prohibited. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, including that of your personal use is forbidden, and may not be used for resale or redistribution.
Accuracy of Information
While Steve Marsel Studio uses reasonable efforts to include accurate, up-to-date information on the Site, Steve Marsel Studio makes no warranties or representations as to the accuracy of the information. Steve Marsel Studio assumes no liability or responsibility for any errors or omissions in such information.
Return Policy
At Steve Marsel Studio, we are committed to providing our customers with high quality products and a quality shopping experience. If you are not completely satisfied, with your purchase from us, please contact us within 48 hours of receipt and we will make every effort to resolve your issue. Contact Steve Marsel Studio at (617) 718-7407 or e-mail us at support@stevemarselstudio.com or write us at:
Steve Marsel Studio
Support Department
561 Windsor Street A204
Somerville, Massachusetts 02143
USA
617-718-7407
Restrictions on Use
You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material that (i) violates or infringes in anyway upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or (iii)encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law. You shall not: (i) post or transmit through the Site any material that contains advertising or any solicitation with respect to products or services without our express prior approval, or (ii) use the Website to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. Postcards/Users with “robots”, “spiders”, or other automated programs may visit the Site. However, users are prohibited from sending postcards through the Site via “robots”, “spiders”, or other automated programs without the prior written permission of Steve Marsel Studio. Users may not send postcards to or on behalf of people or other entities on mailing lists that they do not have full rights to use, or send postcards to people or other entities with whom they are not acquainted. Steve Marsel Studio does not assume responsibility for the content written by it’s contributors and will not remove or edit the written content, except in our sole discretion. Steve Marsel Studio does not screen or censor or otherwise control the content offered by users. Not withstanding the foregoing, Steve Marsel Studio reserves the right to delete any material the Site, at any time and without notice.
Security
You are responsible for maintaining the confidentiality, and all uses, of any member log-in information, and any and all related charges, whether or not authorized by you.
Disclaimer and Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER STEVE MARSEL STUDIO, ITS AGENTS, PARTNERS, STAFF AND AFFILIATES (COLLECTIVELY, “AFFILIATED PARTIES”), NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. THE INFORMATION, CONTENT, MATERIALS, SERVICES, AND PRODUCTS INCLUDED, ADVERTISED, OR SOLD ON THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE INFORMATION, CONTENT, MATERIALS, SERVICES, AND PRODUCTS INCLUDED, ADVERTISED, OR SOLD ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER WE, NOR OUR AFFILIATED PARTIES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED, ADVERTISED, OR SOLD ON THIS SITE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STEVE MARSEL STUDIO. THIS SITE AND THE INFORMATION AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
STEVE MARSEL STUDIO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THIS SITE.
Indemnification
You agree to indemnify, defend, and hold Steve Marsel St and our partners, agents, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorneys” fees, related to your violation of this Agreement or use of the Site.
Force Majeure
We will not be responsible for delays or any failure in performance of any obligation where performance is made commercially impracticable due to circumstances beyond our control, including but not limited to: the failure of any server hardware or software to operate or function properly; the inability to link to, access, conduct business, or confirm transactions on or through the Site whether caused by server hardware or software failure or caused by any Internet service provider or other third party; earthquake, flood, fire, storm, or other casualty or natural disaster; accident; explosion; act of God; lockout; strike; labor controversy or threat thereof; insurrection; civil disturbance or commotion; boycott; disruption of the public markets; armed conflict; sabotage; embargo; delay of a common carrier; the inability to obtain sufficient material, supplies, labor, transportation, power, or other essential commodity or service required in the conduct of our business; lack of availability of any product or service advertised or promoted on or through the Site; or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment, or decree binding on such party; provided that the party relying upon this Force Majeure provision takes all steps reasonably necessary under the circumstances to mitigate the effects of the event or circumstances causing the non-performance.
Revisions or Modifications of Site and Terms of Use
Steve Marsel Studio reserves the right in its sole discretion to edit or delete any content appearing on the Site. Steve Marsel Studio may at any time revise or modify these Terms of Use or impose new conditions. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site or by e-mail. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, revisions, or modifications.
Privacy Policy
Our Data Protection and Privacy Policy (“Privacy Policy”), as it may change from time to time, is a part of and incorporated into these Terms of Use (see our Privacy Policy below).
Use of Information
Steve Marsel Studio reserves the right, and you authorize Steve Marsel Studio, to use and assign all information regarding your use of the Site and all information provided by you in connection with your use of the Site in any manner consistent with our Privacy Policy.
Links to Other Web Sites
The Site may contain links to other Web sites. Steve Marsel Studio and our affiliates are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Steve Marsel Studio. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Website by Steve Marsel Studio. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Unless otherwise set forth in a written agreement between you and Steve Marsel Studio, you must adhere to Steve Marsel Studio linking policy as follows: (i) any link to our Site must be a text only link, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Trademarks, (iii) the link must “point” to the URL and not to other pages within the Site, (iv) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Steve Marsel Studio or any of its affiliates or licensors, (v) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Web site, and (vi) Steve Marsel Studio reserves the right to revoke its consent to the link at any time and in its sole discretion.
Information and Press Releases
The Site may contain information and press releases about Steve Marsel Studio. While any such information is believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise should not be relied upon as being provided or endorsed by us.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Boston, Massachusetts, and shall be governed by and construed in accordance with the laws of the State of Massachusetts (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products, or services related there to) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Use. Steve Marsel Studio reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site and in these Terms of Use, as well as the right to cancel any member account or block access from a particular Internet address to the Site in its sole discretion. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Boston, Massachusetts. You expressly agree to submit to the exclusive jurisdiction of the federal and state courts of Boston, Massachusetts, and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Updated as of March 15th, 2009.
